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Center for Art Law Updates

The following case selection first appeared in the Center for Art Law April newsletter:

Caterbetti v. Bloomgarden, et al. (NY Sup. Ct. Complaint Mar. 28, 2014) -- Argentine citizen is suing individual named defendants and Belenky Gallery in New York for losing and/or damaging artworks consigned to them. Plaintiff is seeking damages for an amount in excess of $500,000. Attorneys for the claimant are Matthew Kesten and Daniel Kokhba of Kantor, Davidoff. Complaint is available at https://docs.google.com/file/d/0B9yHAtGD-3ZGQUcwM0R2VnFqLUFCd1o4Z21pUUVHLTFYYkVj/edit?pli=1.

Scher v. Stendhal Gallery, 2014 N.Y. App. Div. LEXIS 2082 (First Dept., Mar. 27 2014) -- On appeal, J. Friedman ruled that Paula Scher, an established graphic artist owned the works she consigned to Stendhal Gallery on the basis of the agency law and not the New York Arts and Cultural Affairs law.

Yale University v. Konowaloff (Conn. Mar. 20, 2014) -- J. Alvin Thompson ruled against plaintiff Pierre Konowaloff, having used act of state doctrine "in which U.S. courts don't examine the validity of foreign governments' expropriation orders." http://www.csmonitor.com/USA/Latest-News-Wires/2014/0322/Van-Gogh-painting-Why-Yale-can-keep-120-million-painting?utm_source=Center+for+Art+Law+General+List&utm_campaign=1a83f0be0d-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-1a83f0be0d-346773625 Our earlier report on Konowaloff claims available at http://itsartlaw.com/2012/12/21/konowaloff-v-met-decision-met-can-keep-cezanne/?utm_source=Center+for+Art+Law+General+List&utm_campaign=1a83f0be0d-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-1a83f0be0d-346773625.

Latipac, Inc. v. Metropolitan Museum of Art(N.Y.S. Mar. 10, 2014) -- Plaintiff and Defendant own two identical items and Plaintiff seeks to sell it. Museum is understood to be denying the authenticity of the object owned by the Plaintiff (see Museum item: Head of King David, ca. 1145, http://www.metmuseum.org/toah/works-of-art/38.180?utm_source=Center+for+Art+Law+General+List&utm_campaign=1a83f0be0d-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-1a83f0be0d-346773625) and Plaintiff is seeking injunction against slander of title and defamation among other actions.

Cramer v. Calder Foundation, (S.D.N.Y. Feb. 28, 2014) -- case involving authenticity of a Calder sculpture owned by the Gerald Cramer Estate. Causes of action include product disparagement and antitrust violations. Attorneys for the estate are Michael Lacher and Adam Rader.

Bilinski, et al v. Keith Haring Foundation, Inc, Complaint, 14-cv-1085 (S.D.N.Y. Feb. 21, 2014) -- last week Brian Kerr filed a complaint against the Keith Haring Foundation, accusing it of defamation, interference with business relations and false advertising in violation of Trademark Law among other illegal actions. The case is assigned to Judge Cote.

The Center for Art Law strives to create a coherent community for all those interested in law and the arts. Positioned as a centralized resource for art and cultural heritage law, it serves as a portal to connect artists and students, academics and legal practitioners, collectors and dealers, government officials and others in the field. In addition to the weekly newsletter (http://cardozo.us2.list-manage.com/subscribe?u=78692bfa901c588ea1fe5e801&id=022731d685), the Center for Art Law subscribers receive updates about art and law-related topics through its popular art law blog (http://itsartlaw.com/blog/)and calendar of events (http://itsartlaw.com/events/). The Center for Art Law welcomes inquiries and announcements from firms, universities and student organizations about recent publications, pending cases, upcoming events, current research and job and externship opportunities. To contact the Center for Art Law, visit our website at: www.itsartlaw.com or write to itsartlaw@gmail.com.

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This page contains a single entry from the blog posted on April 30, 2014 9:25 AM.

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